§346-53  Determination of amount of
assistance.  (a)  This subsection does not apply to general assistance to
households without minor dependents.  The standard of need shall equal the
poverty level established by the federal government in 2006, prorated over a
twelve-month period based on family size.



The assistance allowance provided shall be
based on a percentage of the standard of need.  For other work eligible
households and non-work eligible households and households in which all
caretaker relatives are minors, living independently with minor dependents and
attending school, the assistance allowance shall be set no higher than
sixty-two and one-half per cent and no lower than forty-four per cent of the
standard of need.  For all other households, the assistance allowance shall be
set no higher than sixty-two and one-half per cent of the standard of need and
set no lower than thirty-four per cent of the standard of need.  The standard
of need shall be determined by dividing the 2006 federal poverty level by
twelve and rounding down the quotient.  The remaining quotient shall be
multiplied by the per cent as set by the director by rules pursuant to chapter
91, and the final product shall be rounded down to determine the assistance
allowance; provided that:



(1)  The department may increase or reduce the
assistance allowance as determined in this subsection for work eligible
households for the purpose of providing work incentives or services under part
XI;



(2)  No reduction shall be allowed that jeopardizes
eligibility for or receipt of federal funds;



(3)  Reductions in the assistance allowance shall be
limited to no more than one per year; and



(4)  No work eligible household, which includes an
adult who has received sixty cumulative months of temporary assistance to needy
families with minor dependents, shall be eligible for an assistance allowance,
unless authorized by federal regulations.



(b)  The director shall determine the allowance
for general assistance to households without minor dependents based upon the
total amount appropriated for general assistance to households without minor
dependents, among other relevant factors.



(c)  The director, pursuant to chapter 91,
shall determine the rate of payment for domiciliary care, including care
provided in licensed developmental disabilities domiciliary homes, community
care foster family homes, and certified adult foster homes, to be provided to
recipients who are eligible for Federal Supplementary Security Income or public
assistance, or both.  The director shall provide for level of care payment as
follows:



(1)  Beginning on July 1, 2008, for adult residential
care homes classified as facility type I, licensed developmental disabilities
domiciliary homes as defined under section 321-15.9, community care foster
family homes as defined under section 346-331, and certified adult foster homes
as defined under section 321-11.2, the state supplemental payment shall not
exceed $651.90; and



(2)  Beginning on July 1, 2008, for adult residential
care homes classified as facility type II, the state supplemental payment shall
not exceed $759.90.



If the operator does not provide the quality of
care consistent with the needs of the individual to the satisfaction of the
department, the department may remove the recipient to another facility.



The department shall handle abusive practices
under this section in accordance with chapter 91.



Nothing in this subsection shall allow the
director to remove a recipient from an adult residential care home or other
similar institution if the recipient does not desire to be removed and the
operator is agreeable to the recipient remaining, except where the recipient
requires a higher level of care than provided or where the recipient no longer
requires any domiciliary care.



(d)  On July 1, 2006, and thereafter, as the
department determines a need, the department shall authorize a payment, as
allowed by federal law, for resident clients receiving supplemental security
income in adult residential care home type I and type II facilities, licensed
developmental disabilities domiciliary homes as defined under section 321-15.9,
community care foster family homes as defined under section 346-331, and
certified adult foster homes as defined under section 321-11.2, when state
funds appropriated for the purpose of providing payments under subsection (c)
for a specific fiscal year are not expended fully within a period that meets
the requirements of the department's maintenance of effort agreement with the
Social Security Administration.



The payment shall be made with that portion of
state funds identified in this subsection that has not been expended.



The department shall determine the rate of
payment to ensure compliance with its maintenance of effort agreement with the
Social Security Administration.



(e)  The department shall pay rental and
utility (to include gas, electricity, and water only) deposits once only for
any person eligible for financial assistance by the department.  However, under
extraordinary circumstances as determined by the department, an additional
rental deposit, utility deposit, or both, may be granted.



(f)  Any recipient may petition the department
for additional assistance when the recipient's need is due to emergencies
caused by seismic wave, tsunami, hurricane, volcanic eruption, typhoon,
earthquake, flood, or fire determined by the director to have caused losses as
to require and justify additional assistance from the State.  In addition, any
recipient may petition the department for additional assistance for the replacement
or repair of household appliances.  The additional assistance shall be paid on
an emergency basis, as determined by the department, to meet the cost of
replacing or repairing household appliances.  If the cost of repairs of
household appliances is less than one-half the unit cost of the item, the
department shall pay for the cost of repairs.  If the cost of repairs of
household appliances is one-half the unit cost of the item or more, the
department shall replace the household appliance; provided that the replacement
cost shall not exceed $350.  For the purposes of this subsection,
"household appliances" means a refrigerator or a range.



The department shall establish an emergency
fund, not to exceed one per cent of total financial assistance from state funds
required by this chapter in the previous fiscal year.  The director shall adopt
rules pursuant to chapter 91 for determining in which cases to grant lump sum
payments to recipients petitioning for additional assistance.



(g)  The department shall include protective
child care payment as a special needs item in the financial assistance standard
for cases of child neglect or abuse requiring placement of a child in child
care.  The referral for protective child care payment shall be from the
department's child welfare program and the rate of payment shall be set by the
department.



(h)  The director shall adopt rules pursuant to
chapter 91 to implement this section. [L 1975, c 145, pt of §1(3); am L 1976, c
73, §3; am L 1978, c 104, §1 and c 107, §6; am L 1979, c 52, §§3, 5; am L 1980,
c 120, §3; am L 1983, c 196, §2; am L 1985, c 272, §9; gen ch 1985; am L 1987,
c 25, §1 and c 344, §2; am L 1988, c 213, §1 and c 327, §2; am L 1989, c 154,
§2, c 233, §1, and c 379, §1; am L 1990, c 321, §2; am L 1993, c 356, §2; am L
1995, c 70, §1 and c 166, §1; am L 1996, c 300, §§4, 6; am L 1997, c 200, §§5,
9, 11 and c 340, §2; am L 1998, c 127, §§4, 5; am L 2000, c 80, §1; am L 2005,
c 168, §3; am L 2006, c 265, §§1, 2 and c 287, §2; am L 2007, c 237, §4; am L
2008, c 220; §12 as superseded by L Sp 2008, c 11, §12; am L 2009, c 101, §2]



 



Case Notes



 



  An unborn child is entitled to separate payment.  62 H. 626,
618 P.2d 295.



  "Lump sum" rule, disqualifying assistance units for
period based on total net monthly income, modified.  69 H. 187, 737 P.2d 867.